New South Wales Consolidated Acts

PUBLIC HEALTH ACT 1991 - SECT 10AM

10AM Codes of conduct for unregistered health practitioners

(1) The regulations may prescribe codes of conduct for the provision of health services by:

(a) health practitioners who are not required to be registered under a health registration Act (including de-registered health practitioners), and

(b) health practitioners who are registered under a health registration Act who provide health services that are unrelated to their registration.

(2) Before a code of conduct is prescribed under subsection (1), the Minister is to:

(a) give public notice of the code in a form and manner determined by the Minister, specifying where the code can be inspected and the time and manner in which submissions may be made, and

(b) place the draft code and an impact assessment statement for the code on public exhibition for not less than 21 days, and

(c) consider any submission received within 21 days (or such longer period as the Minister may determine) after the end of that exhibition period.

Note: Section 41A of the Health Care Complaints Act 1993 permits the Health Care Complaints Commission to make a prohibition order in respect of a health practitioner if the Commission finds that the health practitioner has breached the code of conduct and poses a substantial risk to the health of members of the public. The Commission is also able to cause a public statement to be issued in such circumstances identifying and giving warnings about the health practitioner.